Revenge Porn Case Sees A Victim Woman Getting Compensation Of $6.45 Million

It can be costly to take revenge through pornography on the internet.

A man has been found guilty of using the internet to spread naked pictures and videos of an ex-girlfriend online by a federal district court in California last week and delivered an order to the man to pay a fine of $6.45 million in damages top the woman.

According to the lawyers of the woman, this is perhaps the largest fine that has bene pronounced by a court against a crime involving revenge porn conducted against a woman who was not a celebrity.

The accused man David Elam II, according to court filings was sued in a civil court by the unnamed woman listed as Jane Doe in the legal filings. The charges brought by the woman against the man included the intentional infliction of emotional distress, online impersonation with intent to harm and copyright infringement.

The complicated path to seeking justice has also been underscored by the case which was filed in 2014.

Excluding some state laws, the U.S. does not have any Federal laws against revenge porn.

Criminal cases are far and few between.

There is a criminal law on the issue on the books in the California state. The case against Elam was dropped two years ago by federal prosecutors and a separate criminal case was brought against Elam in 2014.

“We never relied on the outcome of the criminal action,” said K&L Gates partner Seth Gold in an interview with a television channel. The firm’s Cyber Civil Rights Legal Project – which offers pro bono legal assistance to nonconsensual pornography victims, formed the basis of Doe’s civil case.

There were no comments made by Elam top the media.

As a part of the legal process, and in order to get the pictures of her naked breasts out of the internet, a copyright for the pictures of her breasts had to be taken out. This process is a way that revenge porn victims can take recourse in to reclaim their privacy.

Doe’s attorneys said that the manner in which Elam had obtained her pictures made her chose that path. The photos were sent to her ex by Doe while she was still in a relationship with him.

This meant that initially there was consent form Doe to Elam in obtaining the pictures. In cases where an affected individual does not register a copyright, removal of such images is refused by some websites.

Doe however managed to get her pictures removed from the website with the help of the copyright on her pictures that she had obtained.

Copyright infringement accounted for 450,000 in damages to Doe. Emotional distress was the basis of a $3 million compensatory damage order and another $3 million was awarded in in punitive damages.

“Revenge porn is a very serious violation of someone’s rights and can lead to very serious injuries that are worthy of being redressed — and in a more general sense, people can not ignore the judicial process,” Gold said.

(Adapted from Money.CNN.com)

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Categories: Regulations & Legal, Strategy, Uncategorized

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